Voris v. Molinaro

PALMER, J.,

with whom VERTEFEUILLE, J., joins,

dissenting.

The majority concludes that the loss of consortium claim of the named plaintiff, John G. Voris, against the defendant, Peter M. Molinaro, is barred because the plaintiffs wife, Joan Voris (Voris), settled her underlying negligence claim against the defendant. I would conclude that, under the circumstances of the present case, the plaintiffs lack of consortium claim should not be barred. Accordingly, I respectfully dissent.

*803Although the majority opinion sets forth most of the pertinent facts and procedural history, certain of them bear…